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2022 Supreme(Gau) 589

ACHINTYA MALLA BUJOR BARUA
Purbanchal Cement Ltd. And Anr. , Represented By Its Director, Shri Dhan Dey – Appellant
Versus
State Of Assam – Respondent


Advocates Appeared:
For the Petitioners:Mr. S.P. Roy Advocate.
For the Respondents: G.A., Assam.

JUDGMENT :

1. Heard Mr. S.P. Roy, learned counsel for the petitioner. Also heard Mr. R Borpujari, learned counsel for the respondent no. 1 being the authorities under the Revenue Department, Government of Assam, Mr. B J Talukdar, learned senior counsel for the respondent no. 2 being the Circle Officer, Sonapur Revenue Circle and Mr. N.N. B Choudhury, learned counsel for the respondent no. 3. Mansing Rongpee.

2. The respondent no. 3 Mansing Rongpee who belongs to the Karbi community which is a recognized Scheduled Tribe in the State of Assam informed the All Bodo Students Union, Dimoria Anchalik Committee raising the grievance that the writ petitioner which comprises of persons who do not belong to the category of backward classes, as contemplated under Chapter 10 of the Assam Land Revenue Regulation, 1886 had procured the land within the restricted tribal belt area. The All Bodo Students Union in response thereof by their representation dated 07.07.2021 made to the Deputy Commissioner, Kamrup(M) stated that the petitioner M/S Purbanchal Cement Private Limited had purchased a plot of land, described in the schedule provided therein, which falls within the tribal belt, from one Dhire

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